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20121009
20121009
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? present. supervisor campos? present. is president chiu? present. elsbernd present. farrell absent. kim present. supervisor mar? mar present. supervisor olague? olague present. supervisor wiener? wiener present. mr. president, you have a quorum. >> thank you. colleagues, given the fact our colleague supervisor farrell and his wife just had a baby, kane farrell who clocked in at 9 pounds 8 ounces if we could have a notion to excuse supervisor farrell today. without objection, he shall be excused. ladies and gentlemen, would you please join us in the pledge of allegiance. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands; one nation under god, indivisible, with liberty and justice for all. >> unless a member would like to discuss an item it shall be severed and considered separately. >> colleaguesv, any items to be severed? roll call on items 1, through 3. >> supervisor olague? olague aye. wiener aye. supervisor average los? avalos? aye. campos aye. chiu aye. supervisor chu aye. supervisor kim aye. supervisor mar aye. there are 10 ay
of law to facts. >> supervisor farrell: okay. i want to get back to the timing question that you talked about earlier. there is an act that happened on december 31st, and then your brief talks a lot about subsequent behavior. and then an ultimate plea on march 12, i believe. i know you talked about and your brief talks about having not just the act on december 31 but the entire course of conduct be part of this -- you want us to consider the whole body of work, if you will. one question though i think it was competing between your brief and the attorneys for mr. mirkarimi's brief -- >> president chiu: speak into the mic, it's hard for folks to hear. >> supervisor farrell: competing arguments between briefs about the plea in and of itself. and i want to get a clarification. i understand the plea was a result of actions that occurred on december 31. but i want to be clear because your brief, to me, suggested that a plea, in and of itself, is another act of misconduct, or another criminal act. and if that were to be the case well then you'd have a plea based upon that criminal conduct and
's counsel? supervisor farrell. >> supervisor farrell: thanks. so just to be clear, on the timing issue, we've talked about this, ability and i know it's cn the briefs, your position is that mr. mirkarimi had no responsibilities towards the sheriff's department at all prior to the swearing in day. is that correct? >> i think the -- it's not necessarily that he had no responsibilities per se, but he had no duties of office. of course a person who's elected has certain responsibilities that we commonly understand, that they need to get ready to assume office. but that's not a duty, per se. because they're not actually in office yet. so i think we can distinguish between the responsibility that an elected official has to prepare for assuming office between the time of election and the time that they're actually in office. >> supervisor campos: and if i could also talk -- madam city attorney, you offer a different opinion that it attaches basically on election day. is that correct? >> yes, that's!cbgc correct. >> supervisor campos: but no and therefore it's -- that's-iuñ whatever, november, wh
: colleagues, follow-up questions. supervisor farrell. >> supervisor farrell: thanks, president chiu. madam city attorney, to follow up on that line of questioning though, on one hand you say it should be easy to
and humaniy. alike to i would like to invite you to read with us at 4070 farrell. thank you for your work. additional public comment? >> david -- i do not fill out a speaker card. i want to recognize brian smith and his good work for the department. he left last thursday due to family employment situation. he was the it manager for city planning. he did a great job responding to public requests, managing operations and doing a lot of the things that made your work possible in the work of the other planners. i want to thank him publicly for his good work and i look forward to filling that position with someone hopefully nearly as capable as that is even possible. thank you. >> any additional general public comment? seeing then we will onto the next item. >> commissioners you are now at public comment on agenda items where the public hearing has been closed. at this time members of the public may address you on item 6 on your calendar; it has been heard in the public hearing, the public was allowed to testify, and the hearing was closed. before you take your final action, the publ
of the applicants, particularly mr. oka. i'm sorry, supervisor farrell isn't here to see phase two of this task force purge completed. so, it looks like everything is going to plan, although the task force has been crippled for the last five months.
Search Results 0 to 5 of about 6